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Heuking Kühn Lüer Wojtek

Kerstin Deiters, LL.M., EMBA

Kerstin Deiters, LL.M., EMBA

Salaried Partner

Expertise

  • Commercial Law
  • Compliance and Employment Law
  • EU-Trade Law/WTO
  • Labor Law

WSG Practice Industries

Activity

Profile
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Bar Admissions

Admitted since 2013
Areas of Practice

Commercial Law | Compliance and Employment Law | EU-Trade Law/WTO | Labor Law | Public Law | Sports Law | Works Constitution Law

Professional Career

Significant Accomplishments

Higher Regional Court Cologne, Legal Trainee (2011-2013)
University of Cologne, Research Assistant (2007-2012)
University of Cologne, (2001-2007)


Professional Associations

  • International Bar Association
Articles

Coronavirus: FAQ Employment Law
Heuking Kühn Lüer Wojtek, March 2020

Answers to important questions 1. WHAT INFORMATION OBLIGATIONS DOES THE EMPLOYER HAVE TO INFORM ITS WORKFORCE? As with other highly infectious diseases, employers have a duty to inform their staff about the coronavirus as part of their general duty of care and consideration (Sec. 241, 618 German Civil Code [BGB]). The extent of this duty to inform depends, among other things, on whether a member of staff is suspected of having caught the virus, whether or not this has been confirmed...

Exclusion of Fixed-Term Employees from a Remuneration Supplementation Violates EU Law
Heuking Kühn Lüer Wojtek, September 2019

The prohibition of discrimination against fixed-term employees has already been the subject of a large number of decisions by both the ECJ and the BAG [German Federal Labor Court]. According to these decisions, fixed-term workers may not receive poorer terms of employment compared to comparable permanent employees simply because of their fixed-term employment status. Rather, such would require substantive justification...

Worker Participation of the Works Council in Employee Survey
Heuking Kühn Lüer Wojtek, April 2019

The recent decision of the FOPH (FOPH, decision of 11.12.2018 - 1 ABR 13/17) gives additional grounds for further clarifying the practical question of to what extent the conduct of an employee survey is subject to worker participation by the works council. The Respondent - a parent company of a postal and logistics company - has been carrying out an annual Group-wide employee survey since 2007 using a standardized electronic questionnaire...

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